DETAILED ACTION
Status of the Claims
Claims 1-19 and 31 are currently pending and are examined herein.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
It is noted that no information disclosure statement (IDS) has been submitted.
Claim Rejections – 35 U.S.C. 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
HIndson et al.
Claims 1-19 and 31 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hindson et al. (U.S. PGPub 2015/0376609 A1).
Regarding claim 1, Hindson discloses a method for processing or analyzing one or more components from a cell (e.g., as per [0005]), comprising:
(a) providing a cell bead (e.g., cell bead as per [0065]-[0069]) and a barcode bead (e.g., as per [0008]), wherein
(i) said cell bead comprises said one or more components of said cell (e.g., as per [0065]-[0069]), wherein said one or more components comprise a nucleic acid molecule (e.g., mRNA as per [0010]), and
(ii) said barcode bead comprises a plurality of nucleic acid barcode molecules for barcoding said nucleic acid molecule (e.g., as per [0056]); and
(b) partitioning said cell bead and said barcode bead into a partition, wherein upon partitioning, said partition comprises said cell bead and said barcode bead (e.g., as per [0056] and [0065]-[0069]).
Regarding claim 2, Hindson discloses the above method, further comprising performing one or more reactions on said nucleic acid molecule (e.g., reverse transcription as per [0111]).
Regarding claim 3, Hindson discloses the above method, wherein said one or more reactions comprise a reaction selected from the group consisting of nucleic acid modification, nucleic acid amplification, nucleic acid insertion, nucleic acid cleavage, reverse transcription, and a combination thereof (e.g., reverse transcription as per [0111]).
Regarding claim 4, Hindson discloses the above method, wherein said one or more reactions are performed in said partition (e.g., “[i]n some embodiments, the reverse transcription occurs in the discrete partition” as per [0010]).
Regarding claim 5, Hindson discloses the above method, wherein said one or more reactions are performed subsequent to (a) (e.g., precursor polymerization as per [0065]-[0069]).
Regarding claim 6, Hindson discloses the above method, further comprising using a nucleic acid barcode molecule from said plurality of nucleic acid barcode molecules and said nucleic acid molecule to generate a barcoded nucleic acid molecule (e.g., as per [0116]).
Regarding claim 7, Hindson discloses the above method, further comprising subjecting said barcoded nucleic acid molecule or derivative thereof to sequencing (e.g., as per [0009]).
Regarding claim 8, Hindson discloses the above method, wherein said cell bead comprises said cell, and wherein said cell bead comprising said cell is subjected to conditions sufficient to lyse said cell to generate said one or more components (e.g., as per [0085]).
Regarding claim 9, Hindson discloses the above method, wherein said cell bead is subjected to said conditions sufficient to lyse said cell in said partition (e.g., as per [0085]).
Regarding claim 10, Hindson discloses the above method, wherein said conditions sufficient to lyse said cell comprise exposing said cell bead to a lysis agent (e.g., as per [0085]).
Regarding claim 11, Hindson discloses the above method, wherein said partition is a droplet (e.g., as per [0007]).
Regarding claim 12, Hindson discloses the above method, wherein said partition is a well (e.g., as per [0052]).
Regarding claim 13, Hindson discloses the above method, wherein one or more nucleic acid barcode molecules of said plurality of nucleic acid barcode molecules are coupled to a surface of said barcode bead or enclosed within said barcode bead (e.g., as per [0056]).
Regarding claim 14, Hindson discloses the above method, wherein said partition further comprises additional reagents (e.g., additional reagents as per [0072]).
Regarding claim 15, Hindson discloses the above method, wherein said nucleic acid molecule is a messenger ribonucleic acid molecule (e.g., mRNA as per [0010]).
Regarding claim 16, Hindson discloses the above method, further comprising recovering said nucleic acid molecule or a derivative thereof from said partition (e.g., as per [0097]).
Regarding claim 17, Hindson discloses the above method, further comprising performing one or more reactions on said nucleic acid molecule or derivative thereof subsequent to recovering said nucleic acid molecule or derivative thereof from said partition (e.g., as per [0097]).
Regarding claim 18, Hindson discloses the above method, wherein said barcode bead comprises a disulfide bond (e.g., as per [0113], [0116], [0123], [0126], and/or [0128]-[0129]).
Regarding claim 19, Hindson discloses the above method, wherein said barcode bead is degradable upon application of a stimulus (e.g., as per [0008]).
Regarding claim 31, Hindson discloses the above method, further comprising, prior to (a), generating said cell bead by subjecting polymer or gel precursors to conditions sufficient to polymerize or gel said polymer or gel precursors, wherein said conditions sufficient to polymerize or gel said polymer or gel precursors comprise subjecting said polymer or gel precursors to one or more members selected from the group consisting of heating, cooling, electromagnetic radiation, and light (e.g., cell bead is formed by polymerizing precursors in the presence of a cell as per [0065]-[0069]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
U.S. 19/279,412
Claims 1-7, 13-17, and 31 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10-11, 15, and 27 of copending Application No. 19/279,412 (the ‘412 application) (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the rejected claims of the present invention would be anticipated and/or rendered obvious by the subject matter in the claims of the reference application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding instant claims 1 and 13-14, the claims of the ‘412 application disclose method for processing or analyzing one or more components from a cell comprising: providing a cell bead and a barcode bead, wherein said cell bead comprises a nucleic acid from the cell and said barcode bead comprises barcodes, and partitioning said beads (e.g., as per claims 1, 10-11, and 27 of the ‘412 application).
Regarding instant claims 2-3, the claims of the ‘412 application disclose the above method, further comprising performing one or more reactions on said nucleic acid (e.g., as per claim 1 of the ‘412 application).
Regarding instant claim 4, the claims of the ‘412 application disclose the above method, wherein said one or more reactions are performed in said partition (e.g., as per claim 1 of the ‘412 application).
Regarding instant claim 5, the claims of the ‘412 application disclose the above method, wherein said one or more reactions are performed subsequent to (a) (e.g., as per claim 1 of the ‘412 application).
Regarding instant claims 6-7, the claims of the ‘412 application disclose the above method, further comprising generating a barcoded nucleic acid molecule and sequencing (e.g., as per claim 15 of the ‘412 application).
Regarding instant claim 15, the claims of the ‘412 application disclose the above method, wherein said nucleic acid molecule is an mRNA (e.g., as per claim 1 of the ‘412 application).
Regarding instant claims 16-17, the claims of the ‘412 application disclose the above method, further comprising recovering said nucleic acid molecule or a derivative thereof from said partition and performing one or more reactions on said nucleic acid molecule (e.g., as per claim 2 of the ‘412 application).
Regarding instant claim 31, the claims of the ‘412 application disclose the above method, further comprising, prior to (a), generating said cell bead by subjecting polymer or gel precursors to conditions sufficient to polymerize or gel said polymer or gel precursors, wherein said conditions sufficient to polymerize or gel said polymer or gel precursors comprise subjecting said polymer or gel precursors to one or more members selected from the group consisting of heating, cooling, electromagnetic radiation, and light (e.g., as per claim 10 of the ‘412 application).
U.S. 12,411,132 B2
Claims 1-17 and 31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 12-13, 15 of U.S. Patent No. 12,411,132 B2 (the ‘132 patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the rejected claims of the present invention would be anticipated and/or rendered obvious by the subject matter in the claims of the reference patent.
Regarding instant claims 1 and 13-14, the claims of the ‘132 patent disclose method for processing or analyzing one or more components from a cell comprising: providing a cell bead and a barcode bead, wherein said cell bead comprises a nucleic acid from the cell and said barcode bead comprises barcodes, and partitioning said beads (e.g., as per claims 1 and 15 of the ‘132 patent).
Regarding instant claims 2-3, the claims of the ‘132 patent disclose the above method, further comprising performing one or more reactions on said nucleic acid (e.g., as per claim 1 of the ‘132 patent).
Regarding instant claim 4, the claims of the ‘132 patent disclose the above method, wherein said one or more reactions are performed in said partition (e.g., as per claim 1 of the ‘132 patent).
Regarding instant claim 5, the claims of the ‘132 patent disclose the above method, wherein said one or more reactions are performed subsequent to (a) (e.g., as per claim 1 of the ‘132 patent).
Regarding instant claims 6-7, the claims of the ‘132 patent disclose the above method, further comprising generating a barcoded nucleic acid molecule and sequencing (e.g., as per claim 2 of the ‘132 patent).
Regarding instant claims 8-10, the claims of the ‘132 patent disclose the above method, further comprising lysing the cell (e.g., as per claim 1 of the ‘132 patent).
Regarding instant claim 15, the claims of the ‘132 patent disclose the above method, wherein said nucleic acid molecule is an mRNA (e.g., as per claims 12-13 of the ‘132 patent).
Regarding instant claims 16-17, the claims of the ‘132 patent disclose the above method, further comprising recovering said nucleic acid molecule or a derivative thereof from said partition and performing one or more reactions on said nucleic acid molecule (e.g., as per claim 2 of the ‘132 patent).
Regarding instant claim 31, the claims of the ‘132 patent disclose the above method, further comprising, prior to (a), generating said cell bead by subjecting polymer or gel precursors to conditions sufficient to polymerize or gel said polymer or gel precursors, wherein said conditions sufficient to polymerize or gel said polymer or gel precursors comprise subjecting said polymer or gel precursors to one or more members selected from the group consisting of heating, cooling, electromagnetic radiation, and light (e.g., as per claim 1 of the ‘132 patent).
U.S. 11,845,983 B2
Claims 1-6, 13-17, 19, and 31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 6, 9-10, 18-19, and 21 of U.S. Patent No. 11,845,983 B2 (the ‘983 patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the rejected claims of the present invention would be anticipated and/or rendered obvious by the subject matter in the claims of the reference patent.
Regarding instant claims 1 and 13-14, the claims of the ‘983 patent disclose method for processing or analyzing one or more components from a cell comprising: providing a cell bead and a barcode bead, wherein said cell bead comprises a nucleic acid from the cell and said barcode bead comprises barcodes, and partitioning said beads (e.g., as per claim 1 of the ‘983 patent).
Regarding instant claims 2-3 and 6, the claims of the ‘983 patent disclose the above method, further comprising performing one or more reactions on said nucleic acid (e.g., as per claim 6 of the ‘983 patent).
Regarding instant claim 4, the claims of the ‘983 patent disclose the above method, wherein said one or more reactions are performed in said partition (e.g., as per claim 6 of the ‘983 patent).
Regarding instant claim 5, the claims of the ‘983 patent disclose the above method, wherein said one or more reactions are performed subsequent to (a) (e.g., as per claim 4 of the ‘983 patent).
Regarding instant claim 15, the claims of the ‘983 patent disclose the above method, wherein said nucleic acid molecule is an mRNA (e.g., as per claims 9-10 of the ‘983 patent).
Regarding instant claims 16-17, the claims of the ‘983 patent disclose the above method, further comprising recovering said nucleic acid molecule or a derivative thereof from said partition and performing one or more reactions on said nucleic acid molecule (e.g., as per claim 6 of the ‘983 patent).
Regarding instant claim 19, the claims of the ‘983 patent disclose the above method, wherein said barcode bead is degradable upon application of a stimulus (e.g., as per claim 21 of the ‘983 patent).
Regarding instant claim 31, the claims of the ‘983 patent disclose the above method, further comprising, prior to (a), generating said cell bead by subjecting polymer or gel precursors to conditions sufficient to polymerize or gel said polymer or gel precursors, wherein said conditions sufficient to polymerize or gel said polymer or gel precursors comprise subjecting said polymer or gel precursors to one or more members selected from the group consisting of heating, cooling, electromagnetic radiation, and light (e.g., as per claims 18-19 of the ‘983 patent).
U.S. 11,459,607 B2
Claims 1-6 and 8-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,459,607 B2 (the ‘607 patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the rejected claims of the present invention would be anticipated and/or rendered obvious by the subject matter in the claims of the reference patent.
Regarding instant claims 1 and 13-14, the claims of the ‘607 patent disclose method for processing or analyzing one or more components from a cell comprising: providing a cell bead and a barcode bead, wherein said cell bead comprises a nucleic acid from the cell and said barcode bead comprises barcodes, and partitioning said beads (e.g., as per claims 1 and 15 of the ‘607 patent).
Regarding instant claims 2-3 and 6, the claims of the ‘607 patent disclose the above method, further comprising performing one or more reactions on said nucleic acid (e.g., as per claim 1 of the ‘607 patent).
Regarding instant claim 4, the claims of the ‘607 patent disclose the above method, wherein said one or more reactions are performed in said partition (e.g., as per claim 1 of the ‘607 patent).
Regarding instant claim 5, the claims of the ‘607 patent disclose the above method, wherein said one or more reactions are performed subsequent to (a) (e.g., as per claim 1 of the ‘607 patent).
Regarding instant claims 8-10, the claims of the ‘607 patent disclose the above method, further comprising lysing the cell (e.g., as per claim 4 of the ‘607 patent).
Regarding instant claims 11-12, the claims of the ‘607 patent disclose the above method, wherein said partition is a droplet or a well (e.g., as per claims 19-20 of the ‘607 patent).
Regarding instant claim 15, the claims of the ‘607 patent disclose the above method, wherein said nucleic acid molecule is an mRNA (e.g., as per claim 7 of the ‘607 patent).
Regarding instant claims 16-17, the claims of the ‘607 patent disclose the above method, further comprising recovering said nucleic acid molecule or a derivative thereof from said partition and performing one or more reactions on said nucleic acid molecule (e.g., as per claim 11 of the ‘607 patent).
Regarding instant claim 18, the claims of the ‘607 patent disclose the above method, wherein said barcode bead comprises a disulfide bond (e.g., as per claim 12 of the ‘607 patent).
Regarding instant claim 19, the claims of the ‘607 patent disclose the above method, wherein said barcode bead is degradable upon application of a stimulus (e.g., as per claim 10 of the ‘607 patent).
Regarding instant claim 31, the claims of the ‘607 patent disclose the above method, further comprising, prior to (a), generating said cell bead by subjecting polymer or gel precursors to conditions sufficient to polymerize or gel said polymer or gel precursors, wherein said conditions sufficient to polymerize or gel said polymer or gel precursors comprise subjecting said polymer or gel precursors to one or more members selected from the group consisting of heating, cooling, electromagnetic radiation, and light (e.g., as per claim 1 of the ‘607 patent).
U.S. 10,584,381 B2
Claims 1-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-51 of U.S. Patent No. 10,584,381 B2 (the ‘381 patent). Although the claims at issue are not identical, they are not patentably distinct from each other because the rejected claims of the present invention would be anticipated and/or rendered obvious by the subject matter in the claims of the reference patent.
Regarding instant claims 1 and 13-14, the claims of the ‘381 patent disclose method for processing or analyzing one or more components from a cell comprising: providing a cell bead and a barcode bead, wherein said cell bead comprises a nucleic acid from the cell and said barcode bead comprises barcodes, and partitioning said beads (e.g., as per claims 1-2 of the ‘381 patent).
Regarding instant claims 2-3, the claims of the ‘381 patent disclose the above method, further comprising performing one or more reactions on said nucleic acid (e.g., as per claims 2-3 of the ‘381 patent).
Regarding instant claim 4, the claims of the ‘381 patent disclose the above method, wherein said one or more reactions are performed in said partition (e.g., as per claim 2 of the ‘381 patent).
Regarding instant claim 5, the claims of the ‘381 patent disclose the above method, wherein said one or more reactions are performed subsequent to (a) (e.g., as per claim 5 of the ‘381 patent).
Regarding instant claims 6-7, the claims of the ‘381 patent disclose the above method, further comprising generating a barcoded nucleic acid molecule and sequencing (e.g., as per claim 7 of the ‘381 patent).
Regarding instant claims 8-10, the claims of the ‘381 patent disclose the above method, further comprising lysing the cell (e.g., as per claims 11-13 of the ‘381 patent).
Regarding instant claims 11-12, the claims of the ‘381 patent disclose the above method, wherein said partition is a droplet or a well (e.g., as per claims 14-15 of the ‘381 patent).
Regarding instant claim 15, the claims of the ‘381 patent disclose the above method, wherein said nucleic acid molecule is an mRNA (e.g., as per claim 17 of the ‘381 patent).
Regarding instant claims 16-17, the claims of the ‘381 patent disclose the above method, further comprising recovering said nucleic acid molecule or a derivative thereof from said partition and performing one or more reactions on said nucleic acid molecule (e.g., as per claims 9 and 18-19 of the ‘381 patent).
Regarding instant claim 18, the claims of the ‘381 patent disclose the above method, wherein said barcode bead comprises a disulfide bond (e.g., as per claim 23 of the ‘381 patent).
Regarding instant claim 19, the claims of the ‘381 patent disclose the above method, wherein said barcode bead is degradable upon application of a stimulus (e.g., as per claim 24 of the ‘381 patent).
Regarding instant claim 31, the claims of the ‘381 patent disclose the above method, further comprising, prior to (a), generating said cell bead by subjecting polymer or gel precursors to conditions sufficient to polymerize or gel said polymer or gel precursors, wherein said conditions sufficient to polymerize or gel said polymer or gel precursors comprise subjecting said polymer or gel precursors to one or more members selected from the group consisting of heating, cooling, electromagnetic radiation, and light (e.g., as per claim 49 of the ‘381 patent).
Conclusion
No claims are allowed.
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/JEREMY C FLINDERS/
Primary Examiner, Art Unit 1684
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